Search Decisions

Decision Text

AF | BCMR | CY2003 | BC-2003-02724
Original file (BC-2003-02724.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2003-02724
            INDEX NUMBER: 135.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) code be changed so that he may reenlist.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

His separation was due to academic  reasons  and  not  conduct.   Two  other
individuals failed  their  Career  Development  Courses  (CDCs)  with  lower
scores than he and they were allowed a waiver.  As a result of his  low  CDC
test scores, he started not to  care  anymore.   He  received  an  honorable
discharge and desires to reenter the Air Force.

In support of the appeal, he submits his personal statement and a letter  of
recommendation.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air  Force  on  17  May  2000,  for  a
period of six years.

On 13 December 2001, the applicant  was  notified  that  his  commander  was
recommending that he be discharged from the  Air  Force  for  unsatisfactory
performance.  The reason for this action was because he failed  his  CDC  on
20 June and 5 October 2001, scoring 64%, and  61%  --  the  minimum  passing
score was 65%.  The discharge authority approved the separation and  ordered
an honorable discharge, without probation and rehabilitation.

On 14 January 2002, he was honorably discharged under the provisions of  AFI
36-3208 (Unsatisfactory Performance), and  was  issued  an  RE  code  of  3A
(First-term airman who separates before completing 60  months  on  a  6-year
enlistment and who has  no  known  disqualifying  factors  or  ineligibility
conditions,  except  grade,  skill  level,  and  insufficient  Total  Active
Federal Military Service).  He completed 1 year, 7 months, and  28  days  of
active service.

_________________________________________________________________

AIR FORCE EVALUATIONS:

AFPC/DPPRS recommends the  application  be  denied.  AFPC/DPPRS  states,  in
part, that based upon the  documentation  in  the  file,  they  believe  the
discharge was consistent with the procedural  and  substantive  requirements
of the discharge regulation at that time.  Additionally, the  discharge  was
within the sound discretion of the discharge authority.  The  applicant  did
not submit any new evidence  or  identify  any  errors  or  injustices  that
occurred in the discharge processing.

The AFPC/DPPRS evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to  the  applicant
on 7 November 2003 for review and response.  However, as of this date,  this
office has received no response.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or
regulations.

2.  The application was timely filed.

3.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of error or injustice concerning the  applicant’s  RE  code.   The
applicant has provided no evidence showing that his assigned RE code  is  in
error or contrary to the prevailing  instruction.   It  is  clear  that  the
decision to separate the applicant was proper based on his situation at  the
time.  The RE  code  which  was  issued  at  the  time  of  the  applicant’s
discharge accurately reflects the circumstances of his separation,  i.e.,  a
first-term  airman  separated  before  completing  60  months  on  a  6-year
enlistment and who had  no  known  disqualifying  factors  or  ineligibility
conditions,  except  grade,  skill  level,  and  insufficient  Total  Active
Federal Military Service.  Accordingly, we do not find this code  to  be  in
error or unjust.  We therefore conclude that no basis exists upon  which  to
recommend favorable action on his request that it be changed.

4.  Additionally, we note that the applicant’s assigned RE code of 3A  is  a
code  that  can  be  waived  for  prior  service  enlistment  consideration,
provided he meets all other requirements for enlistment  under  an  existing
prior service program.  Whether or not he is successful will depend  on  the
needs of the service.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of material error  or  injustice;  that  the  application  was
denied without a personal appearance; and that the application will only  be
reconsidered upon the submission of newly discovered relevant  evidence  not
considered with this application.

_________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2003-02724
in Executive Session on 3 December 2003, under the  provisions  of  AFI  36-
2603:

                       Ms. Charlene M. Bradley, Panel Chair
                       Ms. Michelle Grace, Member
                       Mr. Christopher Carey, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 28 Jul 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 24 Sep 03.
    Exhibit D.  Letter, SAF/MRBR, dated 7 Nov 03.




                                   CHARLENE M. BRADLEY
                                   Panel Chair

Similar Decisions

  • AF | BCMR | CY2003 | BC-2002-03735

    Original file (BC-2002-03735.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2002-03735 INDEX NUMBER: 110.00 XXXXXXXXXXXXXX COUNSEL: None XXX-XX-XXXX HEARING DESIRED: No _________________________________________________________________ APPLICANT REQUESTS THAT: His Reenlistment Eligibility (RE) code of “2C,” “Involuntarily separated with an honorable discharge: or entry level separation without characterization of service,” be changed to RE Code...

  • AF | BCMR | CY2003 | BC-2003-03173

    Original file (BC-2003-03173.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-03173 INDEX CODE: 100.03 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her Reenlistment Eligibility (RE) code be changed and that her Air Force Achievement Medal (AFAM) be added to her DD Form 214, Certificate of Discharge or Release from Active Duty. On 30 Aug 01, she was released from active duty...

  • AF | BCMR | CY2003 | BC-2003-02812

    Original file (BC-2003-02812.doc) Auto-classification: Approved

    The AFPC/DPPRS evaluation is at Exhibit C. _________________________________________________________________ APPLICANT’S REVIEW OF AIR FORCE EVALUATION: A complete copy of the Air Force evaluation was forwarded to the applicant on 7 November 2003 for review and response. It appears that the discharge action taken against the applicant was in accordance with the applicable instruction and we find no evidence that his separation from the Air Force was inappropriate. CHARLENE M. BRADLEY Panel...

  • AF | BCMR | CY2002 | BC-2002-01435

    Original file (BC-2002-01435.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 02-01435 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her reenlistment eligibility (RE) code be changed from 2C to 1J so that she may reenlist in the Navy. The evidence of records supports the stated reasons for the applicant's separation for the Air Force and we are not persuaded by the evidence provided...

  • AF | BCMR | CY2003 | BC-2003-02557

    Original file (BC-2003-02557.doc) Auto-classification: Approved

    On 12 Jun 01, applicant received an uncharacterized entry-level separation, by reason of “Entry Level Performance and Conduct,” and was issued an RE code of 2C (Involuntarily separated with an honorable discharge; or entry- level separation without characterization of service). The applicant did not submit any new evidence or identify any errors or injustices that occurred in the discharge processing and he provided no other facts warranting an upgrade of the discharge. At the time members...

  • AF | BCMR | CY2003 | BC-2003-00928

    Original file (BC-2003-00928.doc) Auto-classification: Denied

    The commander indicated in his recommendation for discharge action that before recommending the discharge, the applicant was given ample opportunity to study and prepare for his Career Development Course (CDC). _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 4 June 2003, copies of the Air Force evaluations were forwarded to the applicant for review and response within 30 days. ...

  • AF | BCMR | CY2004 | BC-2003-02616

    Original file (BC-2003-02616.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-02616 INDEX CODE: 110.00 COUNSEL: None HEARING DESIRED: No _________________________________________________________________ APPLICANT REQUESTS THAT: His separation and reenlistment codes be changed to allow him to enlist in the Air National Guard. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPPRS states they believe the...

  • AF | BCMR | CY2003 | BC-2002-03000

    Original file (BC-2002-03000.doc) Auto-classification: Approved

    She served 2 years, 2 months and 13 days of active service. The AFPC/DPPRS evaluation is at Exhibit C. AFPC/DPPAE stated that the Reenlistment Eligibility (RE) code of 2C, “Involuntarily separated with an honorable discharge; or entry level separation without characterization of service” is correct. However, after reviewing the applicant’s records, the Board believes the narrative reason for separation and her current RE code are somewhat harsh.

  • AF | BCMR | CY2004 | BC-2003-01254

    Original file (BC-2003-01254.doc) Auto-classification: Denied

    For this misconduct, he received a Record of Counseling dated 4 June 1988. On 8 September 1989, after consulting with counsel, applicant waived his right to submit a statement. A complete copy of the Air Force evaluation is attached at Exhibit D. HQ AFPC/DPPAE states the applicant received a reenlistment eligibility code of "2C," indicating the member was involuntarily separated with an honorable discharge, or entry-level separation without characterization, which is correct.

  • AF | BCMR | CY2005 | BC-2004-03906

    Original file (BC-2004-03906.DOC) Auto-classification: Denied

    Applicant’s complete submission is attached at Exhibit A. Applicant was honorably discharged on 6 Nov 03, in the grade of airman (E-2), under the provisions of AFI 36-3208, by reason of unsatisfactory performance. Applicant’s response to Air Force evaluation is at Exhibit E. ___________________________________________________________________ THE BOARD CONCLUDES THAT: 1.